AVM Asks FDA to Delay Business-Killing Enforcement

Industry Insight
Jun.28.2022
AVM Asks FDA to Delay Business-Killing Enforcement
Small vaping manufacturers are challenging the FDA regulatory process for synthetic nicotine products, and they’re counting on vapers to help delay enforcement that could destroy many businesses.

Small vaping manufacturers are challenging the FDA regulatory process for synthetic nicotine products, and they’re counting on vapers to help delay enforcement that could destroy many businesses. A new FDA citizen petition submitted by a vape industry trade group could push the agency to give some manufacturers and sellers a chance at survival—at least in the near term.

 

The clock is ticking for synthetic nicotine products

 

Following passage in March of the omnibus spending bill that included language requiring that the FDA regulate synthetic nicotine, manufacturers were given 60 days to submit Premarket Tobacco Applications (PMTAs) for synthetic nicotine products. They were granted an additional 60 days after that to continue selling products with pending PMTAs, whether the FDA takes action on the applications or not.

 

As it stands now, all synthetic nicotine products that haven’t been granted FDA authorization or an extension—and none have or are likely to be—must be removed from the market by July 13 or be subject to immediate enforcement.

 

The PMTA process for tobacco-derived nicotine products, while also abbreviated, at least gave manufacturers 10 months to submit applications and a one-year grace period after the PMTA submission deadline for products to remain on the market without enforcement.

 

But the FDA timeline for assessing synthetic nicotine products—four months from announcement to removal from market—didn’t give manufacturers time to measure chemical constituents in e-liquid, let alone complete any of the complex studies now mandated for successful PMTA submissions.

 

Congress gave the FDA Center for Tobacco Products authority over synthetic nicotine with the express intention of shutting down manufacturers of disposable vapes like Puff Bar, which switched to using synthetic nicotine in early 2021 rather than seeking FDA authorization for its tobacco-derived nicotine products. 

Recent youth surveys have shown Puff Bar to be the most popular vape brand among high school vapers.

 

Small e-liquid manufacturers make products very few school-age vapers are interested in, and sell them almost exclusively in stores that exclude underage customers. Some of the companies making vape juice with synthetic nicotine have been doing so for years. Others launched synthetic e-liquids after the FDA issued millions of boilerplate denials for virtually all vape products in flavors other than tobacco or menthol.

 

More than 100 such businesses—including many members of the American Vapor Manufacturers Association (AVM)—have rushed to submit PMTAs for synthetic products, and many will face ruin if the FDA begins enforcement against synthetic products as scheduled in July.

 

Small vape companies ask FDA to delay enforcement

 

Vapers have an opportunity to help small manufacturers (and themselves!) by submitting comments in support of a citizen petition filed by AVM. The petition asks the FDA to use its enforcement discretion to allow synthetic products made by open-system manufacturers (bottled e-liquid) to remain on the market 

 

after the July 13 deadline, and to allow manufacturers to continue to add to and amend their PMTAs as more data on their products become available.

 

AVM’s request to the FDA only applies to bottled e-liquid manufacturers that have submitted PMTAs on time, whose applications meet the agency’s filing and acceptance requirements, that have taken steps to eliminate access to products by underage users. The group is not seeking enforcement discretion for disposable products like Puff Bar.

 

An FDA citizen petition isn’t a meaningless exercise like the petitions on Change.org. It’s a legitimate pathway, described in the Code of Federal Regulations, that allows individuals or companies to ask the FDA to “issue, amend, or revoke a regulation or order,” or “take or refrain from taking any other form of administrative action.”

 

In May 2017, vape manufacturer NJOY filed a citizen petition asking the FDA to delay the deadlines imposed by the Deeming Rule, including the original 2018 PMTA submission deadline. Two months later, then-FDA Commissioner Scott Gottlieb announced the agency would delay the PMTA deadline by four years. While the citizen petition probably wasn’t the only reason for Gottlieb’s decision, it may very well have helped.

 

Support AVM’s FDA citizen petition

 

Those supporting AVM’s effort can submit comments to the FDA docket electronically or by U.S. Mail, or take the easier route of commenting through CASAA’s call to action, which then automatically posts the comments to the FDA docket. The call to action includes prewritten comments from CASAA, which 

can be amended or added to, or deleted and replaced.

 

The important thing is to register your support of AVM’s request to the FDA.

 

As of June 26, almost 3,000 electronic petition comments had been logged by the FDA. That’s not a large number, but the citizen petition has faced a lot of competition for publicity in the vaping world during the 10 days since it was posted. AVM President Amanda Wheeler told Vaping360 it’s important that comments are posted before the FDA enforcement deadline July 13.

 

Source:Vaping360

NATO Executive Director David Spross Sees U.S. Vape Regulation Improving, Calls for More PMTA Authorizations and Warns of 2027 State Tax Pressure
NATO Executive Director David Spross Sees U.S. Vape Regulation Improving, Calls for More PMTA Authorizations and Warns of 2027 State Tax Pressure
The National Association of Tobacco Outlets is calling for more FDA marketing authorizations, greater transparency in the PMTA process and continued enforcement against unauthorized e-cigarettes, even as its executive director, David Spross, points to recent regulatory developments as signs of progress. At the state level, excise taxes, flavor restrictions and vapor product directories remain major issues for tobacco retailers. By August 2026, 17 states had enacted laws establishing state-managed e-cigarette directories or similar systems.
Innovation
Sep.29 by 2Firsts Perspectives
Product | KT&G to Launch lil Tonino Lamborghini in South Korea, Bringing 3-Second Heat-Up to New HTP Platform
Product | KT&G to Launch lil Tonino Lamborghini in South Korea, Bringing 3-Second Heat-Up to New HTP Platform
KT&G will launch the lil Tonino Lamborghini heated tobacco device in Seoul on September 15, 2026. The product introduces a new heating technology called Flashwave Heating, which uses microwaves to heat tobacco sticks internally and delivers a manufacturer-rated heat-up time of about three seconds. The device features an all-metal aluminum body, a color display and a dedicated GUI, and launches alongside a new line of NAU tobacco sticks that are incompatible with existing lil consumables. Korean media describe the product as KT&G's first new heated tobacco platform since lil AIBLE was introduced in 2022.
Aug.31
Cochrane 2026 Update Adds Nine Trials, Keeps High-Certainty Finding That Nicotine E-Cigarettes Improve Quit Rates Over NRT
Cochrane 2026 Update Adds Nine Trials, Keeps High-Certainty Finding That Nicotine E-Cigarettes Improve Quit Rates Over NRT
Cochrane’s 2026 update of its living review on electronic cigarettes for smoking cessation included 80 randomized controlled trials involving 29,861 adult smokers, with nine trials added in this update. The review retained its high-certainty conclusion that nicotine e-cigarettes increase smoking cessation rates compared with nicotine replacement therapy. In absolute terms, about 10 in 100 people using nicotine e-cigarettes may quit smoking for at least six months, compared with about 6 in 100 using NRT. The review found no clear difference in serious adverse event rates between the two groups, while longer-term safety and the relative effectiveness of newer device types remain less certain.
Sep.07
Ispire Q4 Revenue Rebounds 33% but Full-Year Sales Still Fall 25% as FY2027 Focus Shifts to Malaysia Manufacturing, ODM, Nicotine Pouches and Age Verification
Ispire Q4 Revenue Rebounds 33% but Full-Year Sales Still Fall 25% as FY2027 Focus Shifts to Malaysia Manufacturing, ODM, Nicotine Pouches and Age Verification
Ispire Technology reported FY2026 revenue of about $96 million, down 24.7% year over year, as U.S. cannabis-vapor hardware and European e-cigarette sales declined by $17.4 million and $12.7 million, respectively. Fourth-quarter revenue rose 32.5% to $26.7 million, while quarterly gross margin fell to 6.3%. For FY2027, the company is prioritizing Malaysia manufacturing and vapor ODM while continuing to develop nicotine pouches, IKE Tech age-verification technology and G-Mesh licensing. Ispire has not separately disclosed the revenue or profit contribution of those newer businesses.
Regulations
Sep.17 by 2Firsts Perspectives
PMI's IQOS Extends ZAMNA Electronic-Music Partnership to Spain as Vogue España Publishes Branded Content
PMI's IQOS Extends ZAMNA Electronic-Music Partnership to Spain as Vogue España Publishes Branded Content
Philip Morris International's IQOS has extended its partnership with electronic-music event brand ZAMNA to Spain, setting up a House of IQOS at ZAMNA Madrid. Vogue España and Time Out Madrid subsequently published branded content clearly labeled as collaborations with IQOS. PMI has also expanded its company-owned IQOS boutique network in Spain to seven cities this year. The company says IQOS's adjusted heated-tobacco market share in Europe reached 12.6% in the first quarter of 2026, with Spain among its stronger-performing European markets.
Sep.20
Juul Displays FDA-Authorized JUUL2, Highlights Age Verification at NACS Show 2026
Juul Displays FDA-Authorized JUUL2, Highlights Age Verification at NACS Show 2026
At the 2026 NACS Show in Las Vegas, Juul Labs displayed its JUUL2 e-cigarette system alongside existing products, age-verification messaging and mobile coupons, 2Firsts observed. The JUUL2 device and Virginia Tobacco and Polar Menthol pods received FDA marketing authorization in August 2026. Booth materials highlighted longer battery life, greater e-liquid capacity and connected-device features. A TruAge sign and a mobile coupon presentation also featured at the booth, with weekly offers available to age-verified adult nicotine consumers at participating retailers.
EXPO
Oct.09